The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1887-07-21
The So-called Lincoln County Out
rage.
From the Brookbaveu News.1

and the three witnesses against hlm
were all arrested under charge ofper-
jury and waived preliminary examl-
nation and went to Jail. They were
afterwards released on Il writ of hdbeds
corpus, their defense begging not they
had not sworn falsely, but that the trl-
al in which they testified falsely and in
consequence of which verdict was
rendered against Mr.. Martin was en-
tirely an illegal proceeding.
a letter from Judge Cooper, by
whom they were released, states that
the Court having had no jurisdiction
of him it follows as Il necessary conse-
quence that no perjury could possibly
be committed by the witnesses who tes-
tilted against him."
There were no material witnesses
against Mr.. Martin in the trial except
three negroes who thus escaped convic-
ton for perjury, while there was and
still is, overwhelming evidence of their
guilt.
The charge against the defendant
was that he fraudulently withheld the
pension money of one of the negroes.
An affidavit, which is now before us,
from Col. j. b. DeasOn, who was then
postmaster at this place, states that
the woman herself got the draft from
the Post-Office." Another affidavit
from Jesse Warren, the clerk of the
Circuit Court for this county, states
THAT the negro woman endorsed the
draft in his presence and that he Wit
messed said endorsement at her request.
Another statement from !. n. Ellis,
Cashier of the Hazlehurst Bank, states
that the draft was deposited there by
Mr.. Martin for collection, he drawing
|, for himself simply about ten dollars,
the amount Of his fee. That the mon
ey having remained there for consider
able time uHcalled for, the bank sent
it to her at Brookhaven by express.
An affidavit Of Mr.. w. j. Smith, of
+ this place states that, at Mr. Martins
request, he went with him to Susan
Spurlock's house to deliver the money
to her and to get the receipt for it, that
they did take the entire amount in the
, package Just as it was received from
/ the Express office; when they arrived
at her house they found she was at Mr..
j. L. Sutton's one or two hundred
wards distant. Mr. Martin rode up to
Sutton for her, but she wouldn't come
out. One of her sons who was with
, her at Sutton's when Martin went
there, came over and said his mother
would not come to get her money, that
she had gone off from Sutton's and we
could not find her." as he believed she
had gone into the woods and hid her
self to avoid us. That Martin then
told him he would have nothing more
to do with the money, and asked him
(Smith) to take it and give it to her
when he could do so, this he agreed to
do, and did take charge of the money
and told her family to persuade her to
, come to his store and she should have
every dollar Of it. That sometime at
forwards she passed his store door, Mr..
Martin was present, and said to her,
"here is Mr.. Smith, he has got YOU
/ money, 20 in and get it; she refused
and passed on. Martin followed hel
20 or 80 steps urging her to go back
,, and get it, and denouncing her for act
ing the fool in thus persistently refus
: ing it. Affiant further says that when
, Mr.. Martin turned over the money tC
, him, it wass.done in good faith that il
might be paid to her whenever possible
that Martin never countermanded this
order and that he, Smith, still had the
} money for that purpose, and no other,
when charge was made against MIR.
Martin for wrongtully withholding
= it.
+ An affidavit of Mr.. j. l.. Sutton's,
states that Martin came to his house,
} and in his immediate presence told SUI
7 san Spurlock that as she had failed to
, 90 to town and get her money after be-
. ing several times requested and urged
to do so, that he had now brought it to
her house and had brought good man
with him to count it and see it fairly
| paid. That Martin urged her to go to
e her house and get it, and that she
would not 90. That she left his house
but did not go to her own, as he learn
ed from both her and Martin.
Messrs. Deason, Sutton aud Smith
swear that they were present at (pre-
tended trial and heard Susan Spurlock
herself testify that she had never de-
manded the money from Martin, nor
authorized anyone Else to do 50, and
that he had never withheld it from
her.
; The witnesses above mentioned are
all gentlemen of high standing in this
| community and of unimpeachable in
tegrity.
: The conclusion Of this ial.c and slam
derous charge against Martin j. summed
up the final decree OF the Circuit Court of
4. 5. for the Southern Dist. of Miss, Ger
tilted copy OF which is now before us and
is Ms follows
May term 1855. Tuesday May rs, 1885.
United States NO.13
az. Appeal
j. Nj. H. Martin. ) Docket. :.
Comes now in proper person, l.. Lea, L.
S. Atty for the Southern District of Miss,
and says he is unwilling to prosecute fur
ther the information herein and moves the
Court to dismiss the cause. WhereupOn
it is considered by the Court that said mo-
ton be granted, and that the judgement
heretofore rendered be arrested and this